Electoral and Referendum Amendment (Close of
Rolls and Other Measures) Bill 2010

(Amendments to be moved by the Leader of the
Australian Greens, Senator Bob Brown, in committee of the
whole)

(1) Page 70 (after
line 5), after Schedule 6, insert:

Schedule 6A—Amendment relating to automated telephone
calls

Commonwealth Electoral Act 1918

1 After subsection 328A

Insert:

328B Automated telephone calls

(1) A person commits an offence if, during the relevant
period in relation to an election under this Act:

(a) the person authorises the use of automated telephone
calls containing electoral matter; and

(b) such calls are made to electors; and

(c) the calls are intended to affect the casting of votes in
the election.

Penalty:

(a) if the offender is a natural person—$1,000 or 6
months’ imprisonment; or

(b) if the offender is a body corporate—$5,000.

(2) If the Electoral Commissioner is satisfied that during
the relevant period in relation to an election under this Act a
person has authorised the use of automated telephone calls
containing electoral matter, the Electoral Commissioner may request
the person:

(a) to withdraw authorisation for those calls; and

(b) to take all steps necessary to ensure that no further
such calls are made.

(3) In proceedings for an offence under this section, the
court may take into account a person’s response to a request
under subsection (2) in assessing any penalty to which the person
may be liable.

(4) If the court is satisfied, in proceedings for an offence
under this section, that during the relevant period in relation to
an election under this Act a person has authorised the use of
automated telephone calls containing electoral matter, the court
may make any order it considers appropriate in relation to the
authorisation of those calls, including an order that the
person:

(a) withdraw authorisation for those calls; and

(b) take all steps necessary to ensure that no further such
calls are made.

(5) In this section:

automated telephone call means
a telephone call which, when it is connected, automatically plays
to the receiver of the call an audio message.

2 Application of amendment

The amendment made by item 1 applies in relation to elections the
writs for which are issued on or after the commencement of the
amendment.

[automated
telephone calls]

(2) Clause 2, page 2,
at the end of the table, add:

4A. Schedule 6A

The day this Act receives the Royal Assent

[automated
telephone calls—commencement]

(3) Page 70 (after
line 5), after Schedule 6, insert:

Schedule 6B—Amendment relating to misleading or
deceptive publication

Commonwealth Electoral Act 1918

1 Subsection 329(1)

Repeal the subsection, substitute:

(1) A person commits an offence if:

(a) the person either:

(i) prints, publishes or distributes; or

(ii) causes, permits or authorises to be printed, published
or distributed;

an electoral advertisement; and

(b) the electoral advertisement is intended to affect voting
in an election; and

(c) the electoral advertisement contains a statement
purporting to be fact that is inaccurate and misleading to a
material extent.

2 Subsection 329(5)

Omit “matter or thing was likely to mislead
an elector in relation to the casting of a vote”, substitute
“statement to which the offence relates was inaccurate and
misleading to a material extent”.

3 Subsection 329(6)

Repeal the subsection, substitute:

(6) In this section:

advertiser , in relation to an
electoral advertisement, means the person who authorised the
advertisement.

electoral advertisement means
any matter or thing containing electoral matter that is printed,
published or distributed during the relevant period in relation to
an election under this Act, and may include written documents,
audio recordings, video recordings and multimedia material.

publish includes publish by
radio, television or telephone or on the Internet.

4 At the end of section 329

Add:

(7) If the Electoral Commissioner is satisfied that an
electoral advertisement contains a statement purporting to be a
statement of fact that is inaccurate and misleading to a material
extent, the Electoral Commissioner may request the advertiser to do
either or both of the following:

(a) withdraw the advertisement from further publication;

(b) publish a retraction in specified terms and in a
specified manner and form.

(8) In proceedings for an offence under this section arising
from an electoral advertisement, the court may take into account
the advertiser’s response to a request under subsection (7)
in assessing any penalty to which the advertiser may be liable.

(9) If the court is satisfied that an electoral advertisement
contains a statement purporting to be a statement of fact that is
inaccurate and misleading to a material extent, the court may order
the advertiser to do either or both of the following:

(a) withdraw the advertisement from further publication;

(b) publish a retraction in specified terms and in a
specified manner and form.

(10) In proceedings for an offence against this section:

(a) an electoral advertisement that includes a statement that
its publication was authorised by a specified person; or

(b) an electoral advertisement that includes a statement that
it was printed by or on the instructions of a specified person;
or

(c) an apparently genuine document purporting to be a
certificate of the Electoral Commissioner stating that the
Electoral Commissioner made a request for the withdrawal of a
misleading advertisement or the publication of a retraction;

is evidence of the matter stated.

5 Application of amendments

The amendments made by this Schedule apply in relation to elections
the writs for which are issued on or after the commencement of the
amendments.